Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - There is no prohibition for transfer of property during pendency of suit - Transferee pendente lite will be bound by the judgment in the suit - Held, this in itself is a sufficient ground for allowing the impleadment - If judgment is going to affect a person then he must be heard..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Maintenance paid u/s 125 Cr.P.C. - Can be taken into consideration while granting maintenance u/s 24 of the Act but it cannot be the sole ground to decline maintenance u/s 24 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente life - Wife and minor daughter - Allowed maintenance of Rs.5000/- each - Husband already paying maintenance of Rs.1500/- each u/s 125 Cr.P.C. - Husband after adjusting the amount paid u/s 125 Cr.P.C. thus to pay Rs.3500/- each to wife and daughter...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Awarded Rs.10,000/- per month - Plea of husband for reduction of amount on the ground that he is spending a huge amount on children - If husband is doing so, he is living beyond his means at his own risk and peril - In the garb of said expenses, he cannot deny reasonable maintenance pendente lite to wife -..........
Transfer of Property Act, 1882, Section 53 -- Transferee pendente lite - Sale deed executed prior to attachment - Sale a fraudulent transfer in order to defeat the decree - Sale is hit by S.53 of the Act...........
Transfer of Property Act, 1882, Section 53 -- Transferee pendente lite - Transferee not a bonafide purchaser who had knowledge of the execution proceedings inspite of which, in order to defeat the decree, in collusion with the original seller got the sale deed executed - Held, purchaser not a bonafide purchaser and sale is hit by S.53 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Principles governing are : (a) Maintenance depends upon the summation of all the facts of the situation; (b) For granting maintenance, the scale and mode of living, the age, habits, wants and class of the life of the parties has to be regarded; (c) Maintenance being such that the wife could live in a..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - The provision of maintenance is not introduced on the statute book for undue enrichment of the party claiming or for saving that amount for future but the object to provide maintenance pendente lite is that (a) a destitute spouse may not suffer for maintenance; (b) he/she may not have to got the others for..........
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b) -- Purchaser pendente lite - Rights of purchaser pendente lite get vanished/dismissed in the event of plaintiff getting a decree for specific performance - In the instant case plaintiff has been non suited as such purchase made by second defendant is not affected by lis pendens...........
Civil Procedure Code, 1908, Section 34 -- Award of interest - Reduction of contractual rate - Permissibility - Held, reduction of interest from contractual rate to a lower rate, would be permissible only in exceptional and special circumstances - Award of interest, pendente lite and post decree, is discretionary with Court - In a given fact situation of the case, if Court..........
